2017 -- S 0713

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LC001440

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2017

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A N   A C T

RELATING TO INSURANCE - SNOW REMOVAL SERVICE LIABILITY LIMITATION

ACT

     Introduced By: Senator Michael J. McCaffrey

     Date Introduced: April 04, 2017

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Title 27 of the General Laws entitled "Insurance" is hereby amended by

adding the following chapter thereto:

CHAPTER 83

SNOW REMOVAL SERVICE LIABILITY LIMITATIONS ACT

     27-83-1. Short title.

     This act shall be known and may be cited as the "Snow Removal Service Liability

Limitation Act."

     27-83-2. Definitions.

     When used in this chapter:

     (1) "Service provider" means a person providing services under a snow removal and ice

control services contract.

     (2) "Service receiver" means a person receiving services under a snow removal and ice

control services contract.

     (3) "Snow removal and ice control services contract" means a contract or agreement for

the performance of any of the following:

     (i) Plowing, shoveling, or other removal of snow or other mixed precipitation from a

service;

     (ii) De-icing services; or

     (iii) Service incidental to an activity described in subsection (3)(i) or 3(ii) of this section,

including operation or otherwise moving snow removal or de-icing equipment, or materials.

     27-83-3. Certain indemnity agreements void.

     A provision, clause, covenant, or agreement that is part of or in connection with a snow

removal and ice control services contract is against public policy and void if it does any of the

following:

     (1) Requires, or has the effect of requiring, a service provider to indemnify a service

receiver for damages resulting from the acts or omissions of the service receiver or the service

receiver's agent or employees.

     (2) Requires, or has the effect of requiring, a service receiver to indemnify a service

provider for damages resulting from the acts or omissions of the service provider or the service

provider's agents or employees.

     (3) Requires, or has the effect of requiring, a service provider to hold a service receiver

harmless from any tort liability for damages resulting from the acts or omissions of the service

receiver or the service receiver's agents or employees.

     (4) Requires, or has the effect of requiring, a service receiver to hold a service provider

harmless from any tort liability for damages resulting from the acts or omissions of the service

provider or the service provider’s agents or employees.

     (5) Requires, or has the effect of requiring, a service provider to defend a service receiver

against any tort liability for damages resulting from the acts or omissions of the service receiver

or the service receiver’s agents or employees.

     (6) Requires, or has the effect of requiring, a service receiver to defend a service provider

against any tort liability for damages resulting from the acts or omissions of the service provider

or the service provider's agents or employees.

     27-83-4. Applicability.

     (1) This chapter applies to snow removal and ice control services contracts entered into

on and after the effective date of this chapter.

     (2) This chapter does not apply to contracts for snow removal or ice control services on

public roads or with public bodies.

     (3) This chapter does not apply to contracts for snow removal or ice control services with

a public utility.

     (4) This chapter does not affect any liabilities, immunities, or affirmative defenses arising

under other law.

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     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO INSURANCE - SNOW REMOVAL SERVICE LIABILITY LIMITATION

ACT

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     This act would regulate snow removal contracts between service providers and service

receivers and limit liability between them and declare certain indemnity agreements void as

against public policy.

     This act shall take place upon passage.

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